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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

26Provision for orders as to costs

This section has no associated Explanatory Notes

(1)The Secretary of State may by regulations make provision empowering courts-martial, the summary appeal courts, the Courts-Martial Appeal Court and Standing Civilian Courts, in any case where the court is satisfied that one party to proceedings for an offence under any of the services Acts has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, to make an order as to the payment of those costs.

(2)Regulations under this section may, in particular—

(a)allow the making of such an order as is mentioned in subsection (1) at any time during the proceedings,

(b)make provision as to the account to be taken, in making such an order, of any other order as to costs which has been made in respect of the proceedings or any grant of representation for the purposes of the proceedings which has been made under the Legal Aid Act 1988 (c. 34) or under any legal aid scheme operated by any of Her Majesty’s forces,

(c)make provision as to the account to be taken of such an order as is mentioned in subsection (1) in the making of any other order as to costs in respect of the proceedings,

(d)contain provision in relation to a Standing Civilian Court equivalent to that made by section 18(5) of the Prosecution of Offences Act 1985 (c. 23) in relation to a magistrates' court, subject to such modifications as the Secretary of State thinks fit, and

(e)make provision as to appeals against orders made by virtue of the regulations.

(3)Regulations under this section shall provide—

(a)that a person against whom an order is made by a court-martial under the regulations may appeal to the Courts-Martial Appeal Court, and

(b)that a person against whom an order is made by a summary appeal court or a Standing Civilian Court under the regulations may appeal to the High Court in England and Wales.

(4)In this section and sections 27 and 28—

  • “the services Acts” means the 1955 Acts and the 1957 Act;

  • “summary appeal court” means the court established by section 83ZA of either of the 1955 Acts or the court established by section 52FF of the 1957 Act.

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